RECORD OF PROCEEDINGS

MEETING OF COUNCIL

October 26, 2009

 

 

          The City of Union council meeting was called to order by Mayor Goudy on Monday, October 26, at 7:30 p.m.

 

          Attendance was taken and the following council members were present:  Mr. Bruns, Mrs. Oberer, Mrs. Kyle, Mayor Goudy, Mr. O’Callaghan, Mr. Blackwell, and Mrs. Perkins.

          Other city staff members present were Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.

 

          Mayor Goudy called for a moment of silence.

 

          1.       Mayor Goudy asked if there were any additions or corrections to the council minutes from the October 13, 2009 council meeting.  There were no corrections so Mr. Bruns moved that the council minutes be accepted as prepared.  Mr. Blackwell seconded the motion.  Mayor Goudy abstained and the other council members voted in favor of the motion.  The minutes were accepted as prepared.

 

          2.       Mayor Goudy noted that there were no comments from the citizens and visitors in the audience.

 

          3.       Donna Brown, from the Northmont Branch of the Dayton Metro Library was present to address the council on an upcoming levy.

 

          Mayor Goudy welcomed Donna Brown. 

 

          Ms. Brown said she had a short presentation for the council.  She informed the council that the library issue was Issue 40 and she discussed the importance of the passage of the levy. 

          Usage of the library has increased by twenty-five percent and they serve many residents at no charge. 

          The Northmont Library averages over eight hundred people a day and the use of the library has increased every year.

          Ms. Brown had other statistics on the library such as a breakdown of who uses the library, number of programs, library cards issued, etc.   Many people are using the library to find new jobs and are filling out job applications on line.

          State funding has decreased and there is a wage freeze for employees.  The libraries are also doing other cost cutting measures. 

         

          This new levy would cost the homeowner of a $100,000.00 property an additional $1.55 per month.  In 2009, for a $100,000.00 property, a homeowner would pay $35.06 per year.  In 2010, if the levy passes, a homeowner would pay $53.31 per year.

          Ms. Brown said that without the passage of this levy, the Northmont Branch may be closed. 

         

          Mayor Goudy thanked Ms. Brown for her presentation to the council.

 

          4.       ONE READING - RESOLUTION 09-08 – A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LAW OFFICE OF THE MONTGOMERY COUNTY PUBLIC DEFENDER TO PROVIDE LEGAL SERVICES FOR INDIGENT PERSONS CHARGED WITH JAILABLE OFFENSES UNDER THE CITY’S LOCAL ORDINANCES.  

 

          Mrs. Winemiller said this is a housekeeping item that the city does every year.  The price will be going up three percent.  This is a program for the people that cannot afford an attorney.

 

          Mr. O’Callaghan moved to have the one and only reading of Resolution 09-08.  Mr. Bruns seconded the motion.  All concurred and Resolution 09-08 was passed on the first reading.

 

          5.       ONE READING – RESOLUTION 09-09 - A RESOLUTION DECLARING THE OFFICIAL INTENT AND REASONABLE EXPECTATION OF THE CITY OF UNION ON BEHALF OF THE STATE OF OHIO (THE BORROWER) TO REIMBURSE ITS SEWER FUND FOR THE WWTP LAGOON AERATION SYSTEM REPLACEMENT CD41M.

 

          Mrs. Winemiller said this is an application that they had applied for last year.  They were just notified from Donna Kirkbride of the Ohio Public Works Commission that they had been moved up for funding.  They were asking council to approve the resolution that authorized the borrowing of the state’s money.  The passage of this resolution is required to participate in the grant and the loan program.  They would be receiving $144,000 dollars in grant funding and $144,000 in Issue II loans.  This would be for the lagoon aeration systems equipment that needs to be replaced.

 

          Mr. Bruns moved to have the one and only reading and adopt Resolution 09-09.  Mr. Blackwell seconded the motion.  All concurred and Resolution 09-09 was adopted.

 

          6.      Open Agenda

 

          Mayor Goudy said she missed being at the last meeting but heard that Mr. O’Callaghan did an excellent job.  She commented that she also missed Mr. Applegate’s presence at the council meeting and hoped he would feel better soon. 

 

          Mrs. Perkins reminded everyone to go out and vote on Tuesday, November 3, 2009. 

 

          Mr. O’Callaghan also asked people to use that right and privilege to go out and vote.   Mr. O’Callaghan said as a council, they could not endorse issues but as an individual, he said he would support the park and library levies.

 

          He also reminded people that Trick or Treat would be on Saturday, October 31, from 6:00 p.m. to 8:00 p.m.  He asked that everyone be careful of the children walking about. 

 

          Mrs. Oberer said she also supported the levies.  She said her children frequently use the library.

 

          Mr. Bruns thanked Ms. Brown for her presentation.  He said that he personally supports the levy and wishes them luck.  He also said that he supports the park district levy. 

 

          Mrs. Winemiller said that Mr. Applegate thought they would be done installing the water line by the next day but would still have some clean up and a small amount of road work to do.

 

          Mr. Moore said he had a few comments.  Regarding the resolution concerning the public defender, he said that agency was created by the Supreme Court, stating that anyone that could go to jail and had no money to pay for a lawyer would have the right to a lawyer and that is why there are public defenders.

 

          At the state government level, Mr. Moore had mentioned at the last meeting that they would be in court for a Butler Township Annexation case, where the state had passed a new, expedited annexation law.  One of the issues in this case was whether a township is a party that can raise an objection to an expedited annexation.  The City of Union was a party in that case and the Supreme Court of Ohio is interpreting what the state legislature said.  Mr. Moore said the argument went very well and they should have a decision in the next thirty to sixty days.

 

          At the local level, this year, the city passed a new ordinance dealing with the city’s presale inspections.  There was a situation where a person did not make the proper repairs and was taken to court and still did not make repairs.  The ordinance was amended so that each failure to make repairs would be a separate offense.  Mr. Moore said that particular case resolved itself when they were able to charge the person for a second offense.

 

          7.       Mr. O’Callaghan moved that the City of Union council meeting for October 26, 2009 be adjourned.  Mayor Goudy seconded the motion.  All concurred and the meeting was adjourned. 

 

 

Respectfully submitted,

           

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Denise A. Winemiller, Clerk of Council

                                                                                            

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Michael O’Callaghan, Vice Mayor